Sikkim High Court

CRL.L.P/5/2022 of STATE OF SIKKIM Vs PEMA WANGCHUK LEPCHA on 30 May 2022

Cites 0, Cited by 0

Court No.2 High Court of Sikkim Record of proceedings Page | 1 I.A. No.01 of 2022 State of Sikkim Petitioner VERSUS Pema Wangchuk Bhutia Respondent Date : 30-05-2022 CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE For

Virtual Court No.2

I.A. No.01 of 2022

State of Sikkim

Petitioner

VERSUS

Pema Wangchuk Bhutia

Respondent

Date : 30-05-2022

CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE

For Appellant

Mr. Yadev Sharma, Additional Public Prosecutor.

Mr. Sujan Sunwar, Assistant Public Prosecutor.

For Respondent

Mr. Tsewang Namgyal Bhutia, Advocate (Legal Aid Counsel).

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

O R D E R

Rai, J.

Two IAs, both being I.A. No.01 of 2022, one seeking condonation of 257 days delay in filing the Criminal Leave Petition and another seeking condonation of the same number of days delay in filing the Criminal Appeal, were heard.

It is submitted by Learned Additional Public Prosecutor that the Hon’ble Supreme Court in In Re : Cognizance for Extension of Limitation [Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.03 of 2020], dated 10-01-2022, at Paragraph 5(1), has ordered that the Order dated 23-03-2020 is restored and in continuation of the subsequent Order dated 08-03-2021, 27-04-2021 and 23-09-2021, it is directed that the period from 15-03-2020 till 28-02-2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or sub laws in respect of judicial or quasi judicial proceeding.

Learned Legal Aid Counsel for the Respondent submits that he has no objection to the application for condonation of delay in view of the aforestated Order of the Hon’ble Supreme Court.

We have considered the submissions of Learned Counsel and also perused the Order of the Hon’ble Supreme Court supra.

Page | 1

Virtual Court No.2

Record of proceedings

In light of the aforesaid Order and grounds made out by the Petitioner, delay condoned in both IAs as the Petitions are filed within the period prescribed in the Order of the Hon’ble Supreme Court.

Both I.As stand disposed of accordingly.

Leave to file the Appeal granted.

Register the Criminal Appeal.

List for hearing on admission on 10-08-2022.

Judge Judge

30-05-2022 30-05-2022

ds/to

Page | 2

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead